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Bay Area Harassment Attorneys

Harassment is a form of discrimination. In order for a harassment claim to be successful, you must show evidence that the harassing behavior or action was based on your gender, national origin, race, age, disability, perceived disability, record of a disability, religion, or sexual orientation, or that the harassment was retaliation for a previous complaint of unlawful activity.

Harassment generally occurs in two types: hostile working environment harassment, and quid pro quo harassment. Quid pro quo harassment happens when a manager or supervisor informs a subordinate employee that they will receive favorable treatment in the workplace (or will avoid unfavorable treatment) if the subordinate complies with an improper request – for example, that the boss will not fire you, or might promote you, if you perform sexual favors.

The more common type of harassment is hostile working environment harassment. To be successful with this type of claim, you must show that you experienced harassment that was unwelcome and that the conduct was also severe or pervasive (frequent) enough to fundamentally alter your working environment and make it into an abusive workplace. In general, a single remark or isolated incident will not constitute hostile working environment harassment, unless the behavior is so extreme that it shocks the judge or jury – for example, a workplace rape.

If you have reason to believe hostile working environment harassment is occurring in your workplace, it is important to use whatever mechanisms your employer has made available to file a complaint regarding this harassment, to give the employer an opportunity to address it.

Whether or not you have already filed a complaint, please contact Bryan Schwartz if you believe you were subjected to illegal harassment at work and you need a lawyer’s advice.

Please keep in mind there are deadlines to file a complaint with the U.S. Equal Employment Opportunity Commission and/or, if your situation arose in California, with the California Department of Fair Employment and Housing. If you were retaliated against for blowing the whistle on unlawful activity other than discrimination, then please refer to our Whistleblower section.

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Bryan Schwartz Law, P.C. is also one of the few Bay Area-based law firms with extensive experience representing Federal employees in their unique Merit Systems Protection Board and Equal Employment Opportunity Commission complaints.

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